coolcat
05-17 05:47 PM
I don't see an answer to vsoni's question. I don't know the answer either. Can someone answer vsoni's question and also mine, please?
Here is my question:
I'm currently on an H1 visa status. I'd be applying for 485, EAD, AP on June 1 (my PD becomes current then. :) ). Currently I don't have a H1B visa stamp in my passport. I'm planning to leave for India immediately after applying for 485, EAD and AP and apply for visa in India.
My question is if my H1B visa gets rejected, can I come to the US on AP (someone in the US will mail me the approved AP)?
D. If you travel before the advance parole document isissued, your application will be deemed abandoned if:
1.You depart from the United States; or
2.The person seeking advance parole attempts to enter the United States before a decision is made onthe application.
The answer to my question is in bold, underlined. Hmmm. Doesn't favor me. :(
Here is my question:
I'm currently on an H1 visa status. I'd be applying for 485, EAD, AP on June 1 (my PD becomes current then. :) ). Currently I don't have a H1B visa stamp in my passport. I'm planning to leave for India immediately after applying for 485, EAD and AP and apply for visa in India.
My question is if my H1B visa gets rejected, can I come to the US on AP (someone in the US will mail me the approved AP)?
D. If you travel before the advance parole document isissued, your application will be deemed abandoned if:
1.You depart from the United States; or
2.The person seeking advance parole attempts to enter the United States before a decision is made onthe application.
The answer to my question is in bold, underlined. Hmmm. Doesn't favor me. :(
wallpaper New(ish) Golden State Warriors
chanduv23
01-29 06:41 PM
I had already mentioned my EAD status when they had the interview. But after acceptiing it I mentioned it again in the conext of I9 form. Then they said they cant offer me emp;oyment due to my being on EAD.
This is a pretty big company. I understand that H1B is not protected under anti-discrimination for employment, but EAD holders, specifically those with AOS pending, are a protected against employment discrimination.
Does anyone have any links to the above conclusion ? I am so tired of this BS. I have spent long enough in this immigration c**p that if I have leave, might as well leave with a fight.
regards
just anotherone of the expendable non-citizens
OK, unless you never initiated the EAD conversation, technically they are supposed to ask ONLY if you are legally authorized to work in the US or you need sponsership. At the time of joining, they are supposed to give you the i-9 form and you have 72 hours to return the form back with your documentation to prove that you can work for any employer. A valid EAD with a future expiration is very much a valid document and must be acccepted as a valid.
This is a pretty big company. I understand that H1B is not protected under anti-discrimination for employment, but EAD holders, specifically those with AOS pending, are a protected against employment discrimination.
Does anyone have any links to the above conclusion ? I am so tired of this BS. I have spent long enough in this immigration c**p that if I have leave, might as well leave with a fight.
regards
just anotherone of the expendable non-citizens
OK, unless you never initiated the EAD conversation, technically they are supposed to ask ONLY if you are legally authorized to work in the US or you need sponsership. At the time of joining, they are supposed to give you the i-9 form and you have 72 hours to return the form back with your documentation to prove that you can work for any employer. A valid EAD with a future expiration is very much a valid document and must be acccepted as a valid.
sugaur
09-22 07:46 AM
I went to infopass on Aug 31s1, when my date was about to be current.
IO told me preadjudicated and I should come back in 2-3 weeks if I dont hear anything.
So I went yeaterday. Same IO. Told me everything looks ok and case is being "moved" Apparently she saw something in the system and told me that on sep 16th, your case was "moved". Couldnt tell me moved where, but still in TSC.
Again told me to come back in 2-3 weeks to get status update.
WTF. Anyone else with similar expirience?
IO told me preadjudicated and I should come back in 2-3 weeks if I dont hear anything.
So I went yeaterday. Same IO. Told me everything looks ok and case is being "moved" Apparently she saw something in the system and told me that on sep 16th, your case was "moved". Couldnt tell me moved where, but still in TSC.
Again told me to come back in 2-3 weeks to get status update.
WTF. Anyone else with similar expirience?
2011 Warriors (15-22) vs Lakers
royus77
06-29 02:04 PM
Guys, Are we sure that Fedex will not deliver on saturday or sunday, what will happen if they deliver, nobody will be at USCIS to accept right, so it will still be opened only on monday ?
IUnless id you selected Saturday delivery as special service Fedex wont deliver it on saturday . USICS is sure closed on saturday unless the mail room guy wants some overtime( assume he was a contractor as USICS is employing more contractor these days for the sorting work) and comes on saturday
IUnless id you selected Saturday delivery as special service Fedex wont deliver it on saturday . USICS is sure closed on saturday unless the mail room guy wants some overtime( assume he was a contractor as USICS is employing more contractor these days for the sorting work) and comes on saturday
more...
chintainfogc
09-22 11:48 AM
According to the report of AILA, State Department had exhausted FY 2010 immigrant visa numbers as of 09/16/2010 for the following preference categories and the State Department would not allocate any immigrant visa numbers to the visa posts and the USCIS for these categories during the period. The affected preference categories include all family-based preference categories, employment-based preference categories of EB-2, EB-3, EB-EW, EB-4 and eertain Religious Worker categories. The State Department will keep taking immigrant visa number requests from the visa posts and the USCIS even during the gap period but the State Department will not be able to allocate the numbers until October 1, 2010 or thereafter when the new FY 2011 immigrant visa numbers will become available for these preference categories. There may be some cases for which the USCIS has requested and the State Department has already allocated the visa numbers before 09/16/2010 and these I-485 cases will receive approvals even during the cap-gap period. However, in general, I-485 applicants will witness either a slow-down or vacuum in receiving I-485 approval notices and news until October 1 or thereafter because of the gap. The gap will last only for about two weeks and I-485 applicants should keep patience during the period.
Source: The Oh Law Firm (http://www.immigration-law.com/)
Source: The Oh Law Firm (http://www.immigration-law.com/)
abhijitp
12-07 01:46 AM
Congratulations on getting GC.
I think the fact that you had same A# helped you despite multiple filings. There are cases of people where even though they have declared their second application, USCIS assigned them a second A# number.
Pls. Stick around in IV and help others with your knowledge.
I have received two A#s since I submitted a second set of AOS (first set had a number of omissions and I did not want to miss the boat).
I think there is no reason to lose sleep over this issue (actually I was told so by a renowned lawyer with whom I just did a consultation), and there is not much we can do anyway. Except... if possible we should send a letter to USCIS telling them about these two sets of applications and then asking them to choose the one which is approvable (again, I was told so by the same lawyer).
BTW canadian_dream: heartiest conrgatulations on your green card approval, your posts on the multiple filings issue have been very helpful.
I think the fact that you had same A# helped you despite multiple filings. There are cases of people where even though they have declared their second application, USCIS assigned them a second A# number.
Pls. Stick around in IV and help others with your knowledge.
I have received two A#s since I submitted a second set of AOS (first set had a number of omissions and I did not want to miss the boat).
I think there is no reason to lose sleep over this issue (actually I was told so by a renowned lawyer with whom I just did a consultation), and there is not much we can do anyway. Except... if possible we should send a letter to USCIS telling them about these two sets of applications and then asking them to choose the one which is approvable (again, I was told so by the same lawyer).
BTW canadian_dream: heartiest conrgatulations on your green card approval, your posts on the multiple filings issue have been very helpful.
more...
Roger Binny
04-25 04:51 PM
Why do I get this feeling that you are an anti-immigrant on this website?
Come clean please.
I agree, hey TNMan, come clean.
Where all these guys gone when Tech sector is doing real big and this side of the planet is reaping billions of dollars in profit.
Gotcha...ok guys good job we don't care your lives go away huh ?
Clinton is smart he brought people over here and let them pay taxes and boost atleast local economies, corporates are much smarter than these schemes they will boost or find another way to outsource.
Come clean please.
I agree, hey TNMan, come clean.
Where all these guys gone when Tech sector is doing real big and this side of the planet is reaping billions of dollars in profit.
Gotcha...ok guys good job we don't care your lives go away huh ?
Clinton is smart he brought people over here and let them pay taxes and boost atleast local economies, corporates are much smarter than these schemes they will boost or find another way to outsource.
2010 roster, but the Warriors?
franklin
07-11 12:13 AM
Congratulations guys - I am proud of you all
more...
senthil1
01-07 11:09 PM
All of those fixes are non controversial and can be acheivable within short time. It does not require months like legistrative fixes
hair the Golden State Warriors
ItIsNotFunny
11-03 11:15 AM
Guys,
I was reading Murthy's FAQ on AC21 she did in 2002. Read Question 6 carefully. Revoking I140 was always an issue, may be never surfaced!
http://www.murthy.com/news/UDac21qa.html
I was reading Murthy's FAQ on AC21 she did in 2002. Read Question 6 carefully. Revoking I140 was always an issue, may be never surfaced!
http://www.murthy.com/news/UDac21qa.html
more...
Hunter
05-09 02:00 PM
They say, idle mind is devils workshop.
It is because of people like you USA is losing is competitive edge.
The only americans you know are the ones you see on TV. Most likely you are confined in an apartment with 10 others. by the offshore company. Do you want me to add more stereotypes here as you just did? because it is very easy to do.
No wonder otherwise tolerant americans are turning against the so called "skilled workers" from India.
It is because of people like you USA is losing is competitive edge.
The only americans you know are the ones you see on TV. Most likely you are confined in an apartment with 10 others. by the offshore company. Do you want me to add more stereotypes here as you just did? because it is very easy to do.
No wonder otherwise tolerant americans are turning against the so called "skilled workers" from India.
hot Golden State Warriors at
Hunter
05-09 02:02 PM
You want to talk about skills .. Huh?
Lets start with Madoff ...... :D:D:D:D
You can take him and keep him in a cell with Satyam Raju. I don't care.
How pathetic, you don't even have a response for the "skills" practiced by H1/L1/Indian offshroe companies/fly-by-night operators!!
Lets start with Madoff ...... :D:D:D:D
You can take him and keep him in a cell with Satyam Raju. I don't care.
How pathetic, you don't even have a response for the "skills" practiced by H1/L1/Indian offshroe companies/fly-by-night operators!!
more...
house the Warriors will have a
kshitijnt
01-29 05:07 PM
I had already mentioned my EAD status when they had the interview. But after acceptiing it I mentioned it again in the conext of I9 form. Then they said they cant offer me emp;oyment due to my being on EAD.
This is a pretty big company. I understand that H1B is not protected under anti-discrimination for employment, but EAD holders, specifically those with AOS pending, are a protected against employment discrimination.
Does anyone have any links to the above conclusion ? I am so tired of this BS. I have spent long enough in this immigration c**p that if I have leave, might as well leave with a fight.
regards
just anotherone of the expendable non-citizens
All employees are protected by employment discrimination laws. Once H1Bs are hired. They are protected as well.
This is a pretty big company. I understand that H1B is not protected under anti-discrimination for employment, but EAD holders, specifically those with AOS pending, are a protected against employment discrimination.
Does anyone have any links to the above conclusion ? I am so tired of this BS. I have spent long enough in this immigration c**p that if I have leave, might as well leave with a fight.
regards
just anotherone of the expendable non-citizens
All employees are protected by employment discrimination laws. Once H1Bs are hired. They are protected as well.
tattoo 2011 10:41 AM PDT up reply
rtiwari73
10-01 10:43 PM
Me and my wife had done finger printing on 09/10. On 09/15my wife got the clearnace from FBI and it is loaded into the system. I went to local immigration office and they did some searched and they told me that FBI loaded my finger printing detail using my social security number and not by the A number. Local IO can see the finger printing but when I called the Texas office they said they can't see the FP detail, and i tried again after some time got hold of another IO and she was able to search by my first and last name and saw in the system.
I opened an SR got a response that my FP is not received from FBI. So confusion is some IO officer who is trying other option to do search are able to see but not all the IO and that is delaying my approval process.
Any help or suggestion will be appreciated
I opened an SR got a response that my FP is not received from FBI. So confusion is some IO officer who is trying other option to do search are able to see but not all the IO and that is delaying my approval process.
Any help or suggestion will be appreciated
more...
pictures Warriors (27-34) at 76ers
unseenguy
06-19 01:29 AM
Here is your post on 6/15/2009 @ 4.49pm
http://immigrationvoice.org/forum/showpost.php?p=352619&postcount=82
See the words in RED BOLD font. They highlight you mentioning the word "REFERENCE". Kapish?!
Maybe you should check on your eyesight. And while you're at it, get your head examined as well... memory loss is an early sign of onset of senility.
Dick head, as I said check your reading comprehension skills. I am sure you will flunk it. Agreed reference was in my post but you have diluted the whole meaning of my post. Great that you are a perfectionist who reads words carefully.
You just picked up one words in my post and diluted the whole meaning of it. Cant imagine where chutiyas like you come from.
I am sure you are some lowly developer under threat from off shore vendors and hence desperate to see their backs off you by hook or crook.
http://immigrationvoice.org/forum/showpost.php?p=352619&postcount=82
See the words in RED BOLD font. They highlight you mentioning the word "REFERENCE". Kapish?!
Maybe you should check on your eyesight. And while you're at it, get your head examined as well... memory loss is an early sign of onset of senility.
Dick head, as I said check your reading comprehension skills. I am sure you will flunk it. Agreed reference was in my post but you have diluted the whole meaning of my post. Great that you are a perfectionist who reads words carefully.
You just picked up one words in my post and diluted the whole meaning of it. Cant imagine where chutiyas like you come from.
I am sure you are some lowly developer under threat from off shore vendors and hence desperate to see their backs off you by hook or crook.
dresses Warriors win by 5 after
veeru123
02-27 01:57 PM
Interview date: February 6th
Consulate: Chennai
Case: H4 for my wife(Same firm three year extension for my H1B)
PIMS verification done by DOS on February 25th
Passport sent to VFS for delivery on February 26th
To those who did not get it yet, I suggest calling the DOS (202-663-1225) in the US and find out what is happening. They are more likely to give you better information than your lawyer or the consulate staff in India. I wish the consulate staff in India were more courteous.
Extension cases are taking longer than new petitions. Typical processing times 10-15 days. In our case it took 11 working days for verification.
To those who intend to travel to India for a new Visa stamp, call the DOS and verify that your information is in the system. Just tell them that you need to travel and would rather make sure the information is in place and then make travel arrangements. If you just have a week's vacation time be prepared for flight extensions as it takes more than a week to process the extension cases.
Consulate: Chennai
Case: H4 for my wife(Same firm three year extension for my H1B)
PIMS verification done by DOS on February 25th
Passport sent to VFS for delivery on February 26th
To those who did not get it yet, I suggest calling the DOS (202-663-1225) in the US and find out what is happening. They are more likely to give you better information than your lawyer or the consulate staff in India. I wish the consulate staff in India were more courteous.
Extension cases are taking longer than new petitions. Typical processing times 10-15 days. In our case it took 11 working days for verification.
To those who intend to travel to India for a new Visa stamp, call the DOS and verify that your information is in the system. Just tell them that you need to travel and would rather make sure the information is in place and then make travel arrangements. If you just have a week's vacation time be prepared for flight extensions as it takes more than a week to process the extension cases.
more...
makeup Golden State Warriors NBA team
snathan
03-30 05:18 PM
This is good news indeed !
12,000 extra visas available to EB2 at the end of second Fisc qtr would be excellent !!
Worst case I think they'll have to match EB2 India with the EB2 China date before they take it even further in the coming months for the both the countries.
Demand data shows only 10K pending for EB2 C, so EB2 I is going to benefit a lot more than China.
12,000 extra visas available to EB2 at the end of second Fisc qtr would be excellent !!
Worst case I think they'll have to match EB2 India with the EB2 China date before they take it even further in the coming months for the both the countries.
Demand data shows only 10K pending for EB2 C, so EB2 I is going to benefit a lot more than China.
girlfriend The Golden State Warriors have
JazzByTheBay
09-10 10:43 AM
Still waiting too. :(
Created InfoPass for week after next.
still waiting
Created InfoPass for week after next.
still waiting
hairstyles January 28, 2011
Nil
01-04 11:45 PM
Very true - ultimately naturalization is the goal for many. Green card is the only first legal step.
Hopefully far-sighted folks will support this thoughts.
Hopefully far-sighted folks will support this thoughts.
BharatPremi
03-24 03:34 PM
http://immigrationvoice.org/forum/showthread.php?t=15304
nixstor
06-15 01:27 PM
I shopped around yesterday for lawyers coz I wanted to fire my lawyer (my company's lawyer) and get my own.
Turns out, they are all very very busy and some of them are refusing to take on new cases. The ones that do accept new cases are asking for something like $3,000 just to file 485/EAD/AP for primary appliant and spouse.
Although its hard to get confidence in doing this on your own, its also hard to shell out $3,000 just to fill out forms and have a pair of eyes look over it. And after $3000, there is no guarantee that the lawyer's work would be perfect either coz they too, make mistakes as the paperwork (which 90% of immigration work) is really done by paralegals who dont care as much as they should.
There are lot of people on portal who have filed 485 and EAD/AP on their own. I will link some threads here as I find them. And most people renew their EAD and AP on their own coz they would have left their sponsoring employer and they would be pretty much in charge of everything. So if people can file EAD./AP on their own, then the intial 485 is only one more form.
Very true. If people can file for EAD & AP, Why not 485? Its no rocket science. All that we need is a correct list of documents and letter(s) needed from our employer. Here is what I found so far reading 485 form
1) If we have an approved 140 petition, we do not need to provide a copy of the labor certificate.
2) We need to submit the labor cert if we have an I 140 pending.
3) We need an employment letter from our employer stating that the job is still available and the salary to be paid.
4) No need for G-28 for any form that is being filed by yourself. If some one else is representing you, then they will file a form G-28
Please add more info as you find.
Turns out, they are all very very busy and some of them are refusing to take on new cases. The ones that do accept new cases are asking for something like $3,000 just to file 485/EAD/AP for primary appliant and spouse.
Although its hard to get confidence in doing this on your own, its also hard to shell out $3,000 just to fill out forms and have a pair of eyes look over it. And after $3000, there is no guarantee that the lawyer's work would be perfect either coz they too, make mistakes as the paperwork (which 90% of immigration work) is really done by paralegals who dont care as much as they should.
There are lot of people on portal who have filed 485 and EAD/AP on their own. I will link some threads here as I find them. And most people renew their EAD and AP on their own coz they would have left their sponsoring employer and they would be pretty much in charge of everything. So if people can file EAD./AP on their own, then the intial 485 is only one more form.
Very true. If people can file for EAD & AP, Why not 485? Its no rocket science. All that we need is a correct list of documents and letter(s) needed from our employer. Here is what I found so far reading 485 form
1) If we have an approved 140 petition, we do not need to provide a copy of the labor certificate.
2) We need to submit the labor cert if we have an I 140 pending.
3) We need an employment letter from our employer stating that the job is still available and the salary to be paid.
4) No need for G-28 for any form that is being filed by yourself. If some one else is representing you, then they will file a form G-28
Please add more info as you find.
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